H-1B NEW HIRE PACKET – CLINICAL

H-1B Physician Name:

Please complete this packet to begin the process of hiring a physician (whether GME or clinical faculty) who requires H-1B employment authorization. Email the complete packet and additional required documents to Ashley Rainey, arainey1@uab.edu, or Zoe Guy, zoeguy@uab.edu (whoever sent you this link).

Packet:

• LCA Form• Export Control Screening Form• Check Request Memo (for ISSS to request UAB checks in Oracle)

Additional required documents:

• Signed offer letter/LOI/Physician Employment Agreement (for both HSF and UAB, if dually-appointed)

• Separate, specific contract reflecting J-1 waiver three-year commitment locations (if thedepartment worked with outside counsel to secure a J-1 waiver)

• Letter/email from the ABME confirming application for a medical license, if physician has notyet obtained an Alabama medical license

Once we receive the LCA form below, we will review and send you H-1B posting notices.

A general, absolute best-case timeline for the entire H-1B process, depending on how quickly and accurately the necessary information is provided by both the department and the physician, is:

• 7 business days for the LCA portion of the process (i.e., while the Department of Laborcertifies the wage, which is an electronic process that cannot be expedited)

• 10 business days to finalize the H-1B forms and obtain necessary signatures• 15 calendar days for USCIS to adjudicate (meaning approve, deny, or send a Request for

Evidence) the H-1B petition when premium processing is available• NOTE: If the physician is currently in H-1B status in the US with another employer and is

“porting” that H-1B status to UAB/HSF, the physician can begin working with us as soon asUSCIS receives our petition (we do not need to wait for an actual hard copy approval notice)

• 7-10 business days to receive the hard copy Approval Notice from the USCIS CaliforniaService Center (unless USCIS actually uses the return UPS/FedEx envelope provided)

Again, the above timeline is valid only to the extent we receive all information in a timely and complete manner. Depending on volume, it can easily take six weeks to two months to prepare the entire filing. We will collect any documents needed from the physician separately via email. Expect additional delays if the physician is still waiting on Department of State J-1 waiver recommendation or hasnot yet received an Alabama medical license.

You and the physician will receive an automated email from our system on the afternoon/evening the

H-1B petition is filed and another automated email with I-9 instructions when the approval noticearrives in the mail. We do not always have capacity to respond to "update" requests in the interim.

ISSS/H-1B New Hire Packet – Clinical 05/26/2020

ISSS/H-1B New Hire Packet – Clinical 05/26/2020

INFORMATION REQUIRED TO FILE A LABOR CONDITION APPLICATION (“LCA”) WITH THE DEPARTMENT OF LABOR PRIOR TO FILING AN H-1B PETITION (CLINICAL)

Do not forward to the physician for completion. The physician’s supervisor and/or a department

administrator with actual knowledge of the job duties must complete this form. Thank you!

BASICS

Job title in Oracle: Total salary: $_____________________

UAB: Salary $__________________________ HSF: Salary $_____________________

Valley Foundation: Salary $_________________

Supervisor Sponsoring Department/Division ________________

Desired dates of employment: to (3 years maximum per petition) MM/DD/YYYY MM/DD/YYYY

Please note: If the sponsored physician has a restricted or special medical license, USCIS will approve the H-1B petition for only one

year. If the sponsored physician has an unrestricted medical license, we can ask USCIS to approve for up to three full years.

PHYSICAL LOCATION(S) AND SCHEDULE

Please provide every address where the physician can be found working on a daily basis. Do

NOT list the departmental administrative office address. Do include the physician’s office address if

they will have office space in addition to their clinical/research locations. We need all address(es)

where, if a Department of Labor or US Citizenship and Immigration Services Fraud Detection and

National Security Unit (USCIS FDNS) representative arrived unannounced on campus, he/she could

possibly find the physician working. Please indicate ALL locations where the physician will work. We

must know all such addresses to protect both the University and the physician in the event of a site

visit from a federal agency. UAB/HSF and other employers nationwide routinely have such visits.

☐ Birmingham VA* ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Callahan Eye Hospital ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Children’s of Alabama* ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Children’s South* ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Cooper Green* ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Fair Haven Retirement* ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM

ISSS/H-1B New Hire Packet – Clinical 10/31/2019

☐ FOT ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Hospice Family Care (HSV) ________________________________________________________________Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Huntsville Family Medicine ________________________________________________________________Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Huntsville Hospital* ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Jefferson Tower ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Kirklin Clinic ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Russell Medical Center* ________________________________________________________________Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ UAB Dialysis/DaVita ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ UAB Gardendale ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ UAB Health Center Montgomery ____________________________________________________________Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ UAB Highlands ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ UAB Medical West ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ UAB Medicine Leeds ________________________________________________________________ Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ UAB Montgomery Regional MC ____________________________________________________________Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ UAB Mountain Brook Plastic Surgery ________________________________________________________Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ UAB Multispecialty-Baptist ________________________________________________________________Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ UAB Selma Family Medicine _______________________________________________________________Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ University Hospital ________________________________________________________________

Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Vaughan RMC (Selma)* ________________________________________________________________Room/Floor/Clinic Schedule (at least days of the week working here and whether AM or PM)

☐ Other (list below)

________________________________________________________________________________________

Street number Street Room/lab/hospital/clinic Schedule

________________________________________________________________________________________

Street number Street Room/lab/hospital/clinic Schedule

If more space is needed, please include the additional address(es) in the body of your email when you return this pdf.

In addition to the above locations, if the physician will moonlight, please provide all anticipated locations:

________________________________________________________________________________________Street number Street Room/lab/hospital/clinic Schedule

________________________________________________________________________________________ Street number Street Room/lab/hospital/clinic Schedule

What is the anticipated annual income to be earned from moonlighting? $____________________________

JOB QUALIFICATIONS AND DUTIES

Minimum education required: DO ☐ MD ☐ International equivalent, such as MBBS ☐

Minimum residency required (number of years and specific field):

Minimum fellowship training required (number of years and specific field):

Minimum years of post-training employment and/or teaching experience required:

Does the physician need to be BC/BE? Yes ☐ What field? _____________________ No ☐

Will the physician work on or support any particular research projects covered on a UAB website? If

so, list the names or provide the websites of the project(s) here: _____________________________

________________________________________________________________________________

How many employees will the physician supervise (i.e., over how many employees will they have

authority to hire, discipline, and fire)? _____ Do not include general oversight of undergraduate/

graduate students.

REQUIRED SIGNATURES AND CONTACT INFORMATION

Division Director Signature Date

Department Chair Signature Date

Department administration contact for questions pertaining to this H-1B petition and to be copied on

automatic email reminders (type or print legibly):

ISSS/H-1B New Hire Packet – Clinical 05/26/2020

*PLEASE NOTE: If the physician will rotate, work, or take call at any facility not directly owned by or affiliated

with UAB/HSF, you must provide a copy of the Education Agreement (for GME rotations) or Affiliation

Agreement documenting the relationship between UAB/HSF and the third-party site. This list includes but is not

limited to the VA, Children’s, Cooper Green, Fair Haven, Huntsville Hospital, Baptist Hospital, and Vaughan.

Failure to provide this documents will cause severe processing delays, as USCIS requires it to be included.

ISSS/H-1B New Hire Packet – Clinical 05/26/2020

Departmental UPS or FedEx account number (not GL string or corporate card number) for shipping

H-1B petition* to USCIS: _____________________

*If time is of the essence (e.g., if physician is currently outside the US waiting for a visa appointment or is inside the US but changing

status from F or J to H-1B), we will also include a return UPS/FedEx envelope to minimize delay receiving the USCIS approval notice.

Otherwise, the physician’s start date will be delayed an additional 7-10 business days to account for US Mail delivery from USCIS in

California.

If the physician will be dually-appointed with HSF, provide the 6-digit HSF Accounting Unit for

departmental billing (HSF pays a service fee to ISSS for H-1B petition preparation): ______________

ISSS/H-1B New Hire Packet – Clinical 05/26/2020

INFORMATION NEEDED FOR H-1B EXPORT CONTROL SCREENING

Under federal Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), US employers must seek and receive a license before releasing controlled technology or technical data to non-immigrant workers employed in H-1B status. Even if such information is released to the H-1B employee within the US, the regulations consider the release a “deemed export” as if the information had actually been sent to the H-1B employee’s home country.

In essence, the EAR pertains to the production, development, or use of “dual use” items found on the Commerce Control List, while the ITAR pertains to technical data directly related to defense articles found on the US Munitions List.

As part of the USCIS forms to file an H-1B petition, UAB is required to attest and certify that it has reviewed the EAR and ITAR and determined whether or not controlled technology or technical data will be a deemed export in this situation and has applied for a license, if necessary.

For additional background and help determining whether export control regulations will apply to your international hire, please refer to the University Compliance Office’s Export Control Decision Tree.

Job Title/Position Offered

Employee family name Employee given name(s)

1. To what research technology and academic facilities, including computer servers andlaboratories, will the employee have access? [Include information about access to potentiallycontrolled and sensitive equipment, software, personnel, etc.]

2. Will the employee be involved with any projects that (select all that apply):

Are proprietary or involve proprietary information? Yes ☐ No ☐

Require the employee to obtain a certain security clearance? Yes ☐ No ☐

Involve research overseen by the Office of Sponsored Programs? Yes ☐ No ☐

If yes, have any of the projects been issued a Technology Control Plan (TCP)? Yes ☐ No ☐

If yes, please attach a copy of the TCP to this form.

ISSS/H-1B New Hire Packet – Clinical 05/26/2020

Have publication or access and dissemination restrictions imposed by the sponsor, including but not limited to confidential disclosure, proprietary information agreements, and/or material transfer

agreements? Yes ☐ No ☐

Are departmentally-funded? Yes ☐ No ☐

Require foreign national approval by the sponsor? Yes ☐ No ☐

If you answered “yes” to any of the above, please explain. List and describe all projects. [Use additional space as needed.]

With respect to technology or technical data UAB will release or otherwise provide to the

international employee, I certify that I have reviewed the Export Administration Regulations

(EAR) and the International Traffic in Arms Regulations (ITAR) and, to the best of my knowledge,

have determined that at the time of filing the H-1B petition, a license is not required from either

the US Department of Commerce or the US Department of State to release such technology or

technical data to the international employee.

Supervisor/PI Name: _____________________ Supervisor/PI Signature: ______________________

Supervisor/PI Title: __________________________________ Date: ______________________

ISSS/H-1B New Hire Packet – Clinical 05/26/2020

□ This is a new hire. We need a check for $960.□ This physician has been working for UAB/HSF in another immigration status and needs to change that

status to H-1B, so in effect is a “new hire” for USCIS purposes. We need a check for $960.□ We need an additional premium processing check for $1,440.

If you have any questions, please contact International Student & Scholar Services at isss@uab.edu.

INSTRUCTIONS AND JUSTIFICATION FOR H-1B IMMIGRATION CHECK REQUEST

Three different fees can be required to file an H-1B petition on behalf of UAB/HSF employees.

A $460 processing fee is required every time UAB/HSF files a petition for H-1B employment—whether for initial

employment, change of employer, or extension of status. The department must pay this fee.

An additional $500 fraud prevention and detection fee is required when UAB/HSF files either: a) an initial petition to hire an H-1B non-immigrant worker, or b) a petition allowing an H-1B non-immigrant worker to change

employers and join UAB/HSF. The department must pay this fee.

Dr. Anupam Agarwal, Executive Vice Dean, requires all H-1B petitions sponsored by units in the UAB School of Medicine to pay the additional Premium Processing fee. USCIS will make a determination(approval, denial, or Request for Evidence) on the petition within 15 calendar days. The Executive

Administrators have been informed that this fee must be paid by the sponsoring department.

DEAR AP: ISSS HAS ENTERED A CALL EXTENSION IN ORACLE SO THAT THE CHECKS ARE NOT MAILED. ISSS WILL SEND A RUNNER TO PICK UP THESE CHECKS FROM THE AB AND BRING THEM TO THE INTERNATIONAL CENTER ON THE

SECOND FLOOR OF STERNE LIBRARY SO THAT ISSS CAN MAIL THE CHECK(S) TOGETHER WITH OTHER IMMIGRATION

DOCUMENTS. DO NOT MAIL THE CHECK(S) DIRECTLY TO USCIS FROM AP. ISSS WILL PICK THEM UP. THANKS!

Department Administrators: Please provide the Oracle account string you wish ISSS to use to request a USCIS filing fee check drawn on a UAB account: ______________________________

If the physician will be dually-funded by both UAB and HSF or the Valley Foundation, ISSS must file two

separate H-1B petitions and therefore will need two separate sets of H-1B filing fee checks. ISSS can request the UAB check based on the information provided above, but you (department administrator) are responsible for requesting any second $960 check that needs to be drawn on an HSF or Valley account.